刑法惩罚操纵体育比赛行为的目的是要保护体育比赛的公平性和真实性，这是一项具有宪法和体育法依据的实质法益，直接表现为公平竞赛权和观看真实比赛权。然而，在当前实践中，多以赌博罪和非国家工作人员受贿罪等方式间接规制操纵体育比赛行为，此种间接规制模式呈现保护不周、体系阙如和类推解释等问题。为了更为全面、直接和系统地保护体育比赛的公平性和真实性，需要从解释论走向立法论。在前实定法阶段，应在我国刑法中增设操纵体育比赛罪，并将之设定为不真正身份犯、结果犯和法定犯，如此才能保持刑法处罚限度、理顺刑法与前置规范之间的关系。在实定法阶段，基于刑事立法的类型性原则、体系性原则和明确性原则，对妨害兴奋剂管理罪进行必要的修正和释明，使妨害兴奋剂管理罪成为操纵体育比赛罪的特殊罪名，明确二者之间的交叉型法条竞合关系。

The purpose of criminal punishment of the match-fixing in sports is to protect the fairness and authenticity of sports competitions, which is a substantial legal benefit with the basis of constitution and sports law, directly manifested as the right to fair competition and the right to watch the real competition. However, in the current practice, the match-fixing in sports competitions is indirectly regulated by gambling crime and taking bribes by non-state staff. This indirect regulation mode presents such problems as poor protection, lack of system and analogy explanation. In order to protect the fairness and authenticity of sports competitions more comprehensively, directly and systematically, it is necessary to move from explanatory theory to legislative theory. In the previous stage of actual law, the criminal match-fixing should be added to the criminal law in our country, set as an untrue identity offence, consequence offence and legal offence, so as to maintain the punishment limit of criminal law and rationalize the relationship between the criminal law and the pre-law. In the stage of actual law, based on the principles of type, system and clarity of criminal legislation, we should make necessary amendments and explanations to the crime of obstructing doping administration, so that this crime will become a special crime of the match-fixing. In addition, the cross-competition relationship between the two crimes will be clarified.